The Failure of Institutionalized Accountability in Matters of National Security since 9/11

Abstract

There are four main ways to bring the executive branch to heel for abuse of power. Three of these methods are based in constitutionally authorized exercises of power, and the fourth arises from apostasy from within the executive branch. First, the Congress may inquire into executive branch activities through hearings, subpoenas, and studies by support agencies to Congress and other investigatory mechanisms. Congress may also threaten funding or cut off funding altogether in order to force executive acquiescence or strangle programs that have become questionable. Finally, Congress has the power to impeach and remove the president. The powers of Congress are extensive, but are rarely used with anyvigor and the maneuverability of the modern presidency almost always works to outflank the lethargic, deliberate, and cumbersome processes of the legislative branch.